Hoke v. State ex rel. Payne

*518OPINION

By THE COURT

The above entitled cause is now being determined on motion of defendant in error to dismiss the petition in error for the reason that no bill of exceptions has been filed within the time prescribed by law.

It has been definitely determined by the Supreme Court of this state in the case of Townsend v Harrison, 53 Oh St, 398, that where the assignments of error-are founded solely upon a bill of exceptions taken in a lower court but not filed within the statutory peried, the proper procedure is to affirm the judgment rather than dismiss. In the instant case it very clearly…